public access counselor annual...

March 2014

Public Access Counselor

Annual ReportAn Overview of 2013

Each year, during “Sunshine Week,”my office’s Public Access Counselor(PAC) issues a report on our efforts to

shed light on the workings of all levels of governmentin Illinois.

Since the passage of stronger transparency laws I advo-cated for in 2010, the demand for assistance from thePAC has remained strong. The PAC received morethan 3,400 requests for assistance in 2013. Again, confirming the years-long trend, members of the pub-lic, not the media, were the most frequent requestersfor help in securing information about their respectivegovernment agencies, underscoring the need for continued enforcement efforts. In response, the PAChas increased the number of binding opinions issued toresolve open government disputes.

Along with resolving disputes, another critical aspect ofthe PAC’s role has been to educate public officials,members of the public and the media about their rightsand responsibilities. In 2013, thousands of public officials took the PAC’s online training program, whichthey are required to complete annually as a result of arecent change in the transparency laws. The PublicAccess Bureau also conducted 35 in-person trainingsessions throughout the state, providing an overview ofthe laws and guidance on what government officialsmust do to comply.

As these facts and figures detail, the public continuesto benefit from stronger transparency laws and a groupof attorneys and staff solely dedicated to advocating forrightful access to taxpayer-funded information.

I am encouraged by the progress that has been madesince I first created the position of Public AccessCounselor in my office in 2004, but I know that thereis much more work to be done. I remain committed tocontinuing our efforts to help build the public’s confidence in government.

Lisa MadiganAttorney General

Public Access Counselor Annual ReportPage 1

A Message fromILLINOIS ATTORNEY GENERAL

LISA MADIGAN 1. Complaint Statistics

2. Training Seminars

3. Success Stories: Binding Opinions &

Informal Mediation

4. The Freedom of Information Act

5. FOIA Frequently Asked Questions

6. The Open Meetings Act

7. OMA Frequently Asked Questions

8. How to Submit a Request for Review

Table of Contents

In 2013, the Public Access Counselor (PAC) received 3,426 formal requests for assistance pursuantto the Illinois Freedom of Information Act (FOIA), 5 ILCS 140, and the Illinois Open Meetings Act(OMA), 5 ILCS 120. In addition, the Public Access Bureau fielded an estimated 20 to 50 questionsper day through the FOIA hotline and received more than 300 general inquiries through the PublicAccess email. The Public Access Bureau also conducted 35 training sessions for members of thepublic, government officials, members of the media and students.

The following is a statistical breakdown of the formal requests received by our office betweenJanuary 1, 2013 and December 31, 2013. The vast majority of the requests came from members ofthe public. The requests came from every area of the state, and involved all types of public bodies,from the smallest villages to the largest cities and state agencies.

Freedom of Information Act Requests Breakdown

• 3,039 requests for review by the PAC• 2,503 from members of the public• 493 from media outlets or other organizations• 43 from public bodies

Open Meetings Act Requests Breakdown

• 387 requests for review by the PAC• 273 from members of the public• 99 from media outlets or other organizations• 15 from public bodies

Average number of requests for review filed per month: 285


Complaint Statistics

Total New Matters Before Public Access Counselor: 3,426

The Attorney General’s Public Access Bureau conducted 35 training sessions to educate membersof the public, government officials and members of the media about their rights and responsibilitiesunder the Freedom of Information Act and the Open Meetings Act. These trainings provide anoverview of the laws, as well as guidance on what government officials must do to comply with thelaws and how the public and the media can use these sunshine laws to open government through-out Illinois. The Public Access Bureau also coordinates online training for registered users.

The 2013 training sessions included the following:

Date: Title/Group: Location:

January 17, 2013 Illinois Association of Drainage Districts ChampaignJanuary 22, 2013 Chicago Bar Association ChicagoJanuary 23, 2013 New State’s Attorneys SpringfieldJanuary 24, 2013 Illinois Education Association SpringfieldJanuary 28, 2013 Coroners SpringfieldFebruary 20, 2013 Village of Cary – Village Board, Board Cary

of Zoning, Planning and AppealsFebruary 27, 2013 Rapports (Parent Company of the Chicago Sun-Times) ChicagoMarch 5, 2013 Ethics Officers Springfield March 21, 2013 Kane County State’s Attorney’s Office GenevaMarch 21, 2013 Columbia College Students ChicagoMarch 25, 2013 Cook County Sheriff’s Office MaywoodMarch 27, 2013 Kane County Forest Preserve Employees GenevaMay 2, 2013 McHenry County State’s Attorney’s Employees Crystal LakeMay 15, 2013 Kendall County State’s Attorney’s Office and Yorkville

Other State Agencies May 22, 2013 Local Officials EffinghamJune 4, 2013 Small Public Library Management Institute SpringfieldJune 6, 2013 City and County Officials Rock Island June 27, 2013 Southwestern Illinois Law Enforcement Officers Collinsville

and AdministratorsJuly 9, 2013 Local and County Officials ChampaignJuly 18, 2013 School Officials SpringfieldJuly 31, 2013 Douglas County Board/Township Officials ArcolaAugust 1, 2013 Municipalities and Clerks DeKalbAugust 15, 2013 Illinois Association of Public Health Administrators SpringfieldSeptember 12, 2013 Illinois Water Operators Association SpringfieldSeptember 13, 2013 Urbana Journalism Education Association Conference ChampaignSeptember 23, 2013 Illinois Deaf and Hard of Hearing Commission JacksonvilleSeptember 24, 2013 Illinois Association of School Business Officials Springfield


Training Seminars

September 24, 2013 Chicago Bar Association State Government Committee ChicagoSeptember 25, 2013 Newly Elected Township Road Commissioners UrbanaSeptember 26, 2013 Municipal Clerks SpringfieldSeptember 30, 2013 Barclay Public Library District WarrensburgOctober 28, 2013 Prairie Grove Consolidated School District 46 Crystal Lake November 8, 2013 Lorman Open Records Seminar ChicagoNovember 22, 2013 Illinois Valley Building Trade OttawaNovember 23, 2013 Illinois Association of School Boards Chicago

TOTAL: 35

Any group or entity interested in attending or hosting a training conducted by a representative ofthe Attorney General’s Office should contact Eileen Baumstark-Pratt at 1-866-376-7215 for moreinformation.


Training Seminars continued

In 2013, the PAC issued an increased number of binding opinions, as she has done every year sincethe new, stronger transparency laws went into effect. The authority to issue binding administrativedecisions was one of the key components to the 2010 overhaul of the state’s transparency laws andhas allowed the PAC to issue opinions that clarify the law and increase disclosure. In addition tothese binding opinions, the PAC has successfully mediated thousands of disputes over the releaseof records.

Here are some examples of binding opinions and informal mediation results in 2013 which highlight how the PAC is working to increase the public’s access to their government.

Binding Opinions

Ill. Att’y Gen. Pub. Acc. Op. No. 13-002, issued April 16, 2013 – concluded that the ChicagoPark District Board of Commissioners violated OMA when it voted to raise admission fees at theArt Institute and Museum of Science and Industry without that matter appearing on the agenda.Although authorization to change admission fees did appear on the agenda of a committee meeting,that was insufficient notice to the public of the general subject matter of an item on which finalaction was taken at the full board meeting.

Ill. Att’y Gen. Pub. Acc. Op. No. 13-011, issued June 11, 2013 – concluded that records relat-ing to a police department’s internal investigation of an employee’s conduct must be disclosed.This opinion confirmed that section 7(1)(n) of FOIA, which exempts records relating to a publicbody’s adjudication of employee grievances and disciplinary cases, should be read narrowly anddoes not apply in the absence of an actual adjudication.

Ill. Att’y Gen. Pub. Acc. Op. No. 13-014, issued September 5, 2013 – found that a publicbody’s special meeting held approximately 26 miles from its regular meeting place violated OMAbecause the location was not “convenient” to the public.

Ill. Att’y Gen. Pub. Acc. Op. No. 13-015, issued September 24, 2013 – concluded that statisti-cal data that was purely factual information was not exempt from disclosure as a preliminary draftunder section 7(1)(f) of FOIA.

Ill. Att’y Gen. Pub. Acc. Op. No. 13-016, issued September 24, 2013 – emphasized a publicbody’s duty under OMA to inform the public of the nature of the business under consideration priorto taking final action. This opinion concluded that the public body violated OMA by declining toidentify an employee prior to taking final action to terminate her employment.

Ill. Att’y Gen. Pub. Acc. Op. No. 13-017, issued November 12, 2013 – reiterated a publicbody’s duty to provide “clear and convincing evidence” to prove that a public record is exemptfrom disclosure. This opinion also concluded that the availability of records through discovery doesnot affect a person’s right to access records under FOIA.


Success Stories: Binding Opinions & Informal Mediation

Informal Mediation

2013 PAC 24985 – The Ford-Iroquois Public Health Department disclosed the résumé of itsadministrator after mediation with the PAC. The Department initially denied the résumé as privateinformation under section 7(1)(b) of FOIA and as a confidential personnel record under section7.5(q) of FOIA. After working with the PAC, the Department disclosed the résumé to the PaxtonRecord with limited redactions.

2013 PAC 26415 – A resident requested copies of the Village of North Henderson' s energy bills.The Village responded that it would not provide one of the bills because it was in the possession ofVillage auditors. The PAC determined that the Village possessed the bill under section 7(2) ofFOIA, which provides that a "public record that is not in the possession of a public body but is inthe possession of a party with whom the agency has contracted to perform a governmental functionon behalf of the public body, and that directly relates to the governmental function and is not other-wise exempt under this Act, shall be considered a public record of the public body[.]" The PACdirected the Village to provide the bill to the resident, and the public body complied.

2013 PAC 25171 – The Medill Watchdog, a student journalism program at NorthwesternUniversity, asked the Village of Forest Park for incident reports and records of 9-1-1 calls and callsfor service reports concerning violence and victimization of individuals less than 21 years old at apsychiatric hospital. The Village denied those records under section 7(1)(c) of FOIA, whichexempts information that would constitute an unwarranted invasion of personal privacy. The PACdetermined that redactions of the names and identifying information would protect the privacy ofmost patients and that the strong public interest in information regarding the adequacy of servicesprovided to individuals with mental health issues necessitated disclosure of the records. The Villageprovided the requested records.

2013 PAC 24243 – The Chicago Tribune asked the Cook County Recorder' s Office for a list offederal tax liens and certain information concerning those liens. The Recorder' s Office providedportions of the requested information but argued that it did not possess the requested list because itdid not maintain all the data in a single cohesive document. The PAC determined that compilingdata in the possession of the Recorder' s Office would not constitute the creation of a new recordand directed the Recorder' s Office to furnish the information. The Recorder' s Office compliedwith that determination.

2013 PAC 26283 – The Chicago Sun-Times sought copies of subpoenas received by the Villageof Wheeling. The Village withheld a grand jury subpoena under section 7(1)(a) of FOIA, whichexempts from disclosure information that State or federal law specifically prohibits from being dis-closed, citing the Illinois Code of Criminal Procedure, which restricts the disclosure of mattersoccurring before grand juries. The PAC determined that the requested subpoena was subject todisclosure because, unlike transcripts of testimony or evidence presented to grand juries, subpoenasdo not reveal any information concerning what actually occurs before a grand jury. The Village pro-vided the subpoena to the Sun-Times.


Success Stories continued

Attorney General Madigan worked closely with legislators and a coalition of open government advocates in 2009 to pass legislation that significantly strengthened and clarified the Freedom ofInformation Act to make it easier for people to obtain public records. In particular, the amended lawestablished a “presumption of transparency” that defines all records as public. The amended lawalso shortened the initial time a government body has to respond to a FOIA request from seven tofive business days and shortened the time for any extension from seven to five business days.

Other critical components of the law have greatly enhanced the public’s access to documents:

Refined Personal Privacy Exemption. Historically, government bodies throughout Illinoisimproperly justified withholding public records from the public by claiming that disclosure wouldviolate the personal privacy of the individuals mentioned in the document. The amended law significantly limits and defines the personal privacy exemption to make sure that the public cangain access to records that relate to the public duties of government employees or officials.

Copying Charge Limits. The law provides that government bodies must respond to a FOIArequest for a document by providing for free the first 50 pages of black and white, letter or legalsized copies and limiting the charge for the remaining black and white, letter or legal sized pages to15 cents per page.

Electronic Format Requirement. To make it easier for the public to obtain records in an electronic format, the law requires that if a requester asks for a document that is maintained in anelectronic format, the government body must furnish it in the electronic format, if feasible.

FOIA Officers. Further, the law requires public bodies to designate FOIA officers who must successfully complete an annual FOIA training prepared by the PAC. In addition, effective January1, 2012, all elected or appointed members of a public body subject to OMA must complete theelectronic training developed by the Attorney General’s PAC once during their terms of election orappointment.


The Freedom ofInformation Act

The Illinois Freedom of Information Act is designed to ensure that Illinois residents can obtaininformation about their government. Key changes to FOIA have made it easier in recent years forIllinois residents to hold their state and local governments accountable. To increase awarenessabout the public’s rights and the responsibilities of public officials under FOIA, we prepared thefollowing Frequently Asked Questions (FAQs).

WHO’S WHO UNDER FOIA

Public Access Counselor (PAC) – An attorney in the Attorney General’s Office whose responsi-bility is to ensure compliance with FOIA. The PAC is part of the Public Access Bureau in theAttorney General’s Office, which includes both attorneys and professional support staff membersworking to respond to FOIA and OMA issues raised by the public and government officials.Working under the direction and supervision of the Attorney General, the PAC has the authority toreview requests for documents and to determine whether those documents should have been produced under FOIA. The PAC also has the authority to determine whether a public body has violated OMA. As part of this public access work, the Attorney General has subpoena power, mayissue advisory opinions to guide public bodies, may issue binding opinions in FOIA disputes andmay sue to enforce binding opinions.

Public Body – FOIA defines “public body” as “all legislative, executive, administrative, or advisory bodies of the State, state universities and colleges, counties, townships, cities, villages,incorporated towns, school districts and all other municipal corporations, boards, bureaus, commit-tees, or commissions of this State, any subsidiary bodies of any of the foregoing including but notlimited to committees and subcommittees thereof and a School Finance Authority created underArticle 1E of the School Code.” FOIA provides that a “‘public body’ does not include a child deathreview team or the Illinois Child Death Review Teams Executive Council established under theChild Death Review Team Act.”

FOIA Officer – A person appointed by the “public body.” The FOIA officer’s responsibility is toreceive FOIA requests from the public and to send responses in compliance with FOIA. FOIArequires that each public body appoint one or more FOIA officers who must complete annual electronic training developed by the Attorney General’s PAC. The Attorney General’s Office makesthe electronic training available to all FOIA officers on the Attorney General’s website.

Public Records – FOIA defines “public records” as “all records, reports, forms, writings, letters,memoranda, books, papers, maps, photographs, microfilms, cards, tapes, recordings, electronic dataprocessing records, electronic communications, recorded information and all other documentarymaterials pertaining to the transaction of public business, regardless of physical form or characteris-tics, having been prepared by or for, or having been or being used by, received by, in the possessionof, or under the control of any public body.” A few examples of public records available underFOIA are: orders; rules; reports or studies; contracts; names, titles and salaries of public employees;and the voting records of public bodies. Information can be available in electronic as well as paperformat.


FOIA Frequently AskedQuestions

GENERAL INFORMATION

What is FOIA?The Freedom of Information Act (FOIA) is a state statute that provides the public with the right toaccess government documents and records. The premise behind FOIA is that the public has a right toknow what the government is doing. The law provides that a person can ask a public body for a copy ofits records on a specific subject and the public body must provide those records, unless there is anexemption in the statute that protects those records from disclosure (for example: records containinginformation concerning trade secrets or personal privacy).

Who is subject to FOIA? Public bodies are subject to FOIA. The judiciary is not subject to FOIA, but court records and proceedings generally are open to the public under other Illinois laws.

Who can file a FOIA request?Anyone. Any person, group, association, corporation, firm, partnership or organization has the right tofile a FOIA request to any state or local public body, including any city, township or county office.

HOW TO MAKE A FOIA REQUEST

I need information from a public body but I am not quite sure where to start or what torequest. What can I do? If you would like to obtain information from a public body, you should begin by writing down a list ofthe information you are seeking. Then prepare a letter to that public body’s office. If you are not sureto whom to address the letter, contact the public body’s main office and request the contact informa-tion for the FOIA officer.

Your letter should include your name, your address, the date and a daytime phone number so that thepublic body can contact you if they have any questions. Describe the information you are seeking withsufficient detail so that the public body can find the requested records. Providing as much informationas possible in your request on the subject matter may expedite the public body’s search process.

You do not need to describe the document specifically and accurately by the same name the publicbody uses. As long as the public body understands what you are requesting, it must release that infor-mation, even if you do not call it by the same name the public body uses.

Public bodies cannot require that the public submit FOIA requests on a specific form or in a specificformat. Public bodies, however, can require that FOIA requests be submitted in writing. Public bodiesmust accept requests by mail, personal delivery, fax, email, or other means available to the public body.Public bodies may accept oral FOIA requests but are not required to do so.


FOIA Frequently Asked Questions continued

Additionally, each public body must develop and make available upon request a list of documentsthat the public body will immediately provide to a requester. Each public body also must maintaina reasonably current list of all types or categories of records under its control, and the list should be reasonably detailed to aid persons in obtaining access to public records. This list must be availablefor inspection and copying.

What should I include in the FOIA request?On your written request, include your name, address, the date and a daytime phone number so thatthe public body can contact you if they have any questions. Provide as much information as possi-ble on the subject matter. This will help expedite the search process.

Can a public body require that a FOIA request be submitted on a certain form or in a cer-tain format? No. Public bodies can require that FOIA requests be submitted in writing, but they must acceptrequests by mail, personal delivery, fax, email, or other means available. While public bodies mayoffer a form for FOIA requests, they cannot require that you use a specific form to make yourrequest. Public bodies may accept oral FOIA requests but are not required to do so.

To whom do I submit a FOIA request?FOIA requests should be submitted to the public body’s designated FOIA officer. Every publicbody must prominently display at its office and make available certain information, including thename(s) of its FOIA officer(s). In addition, the public body must display and make available:

• Information on how to submit a FOIA request; and• A brief description of the office, including its purpose, budget and number of employees.

Any public body that has a website must also post this information on that website.

How do I know who within a public body should receive my FOIA request? Each public body must prominently display and make available upon request a directory designat-ing the FOIA officer(s) for that body and the address where FOIA requests should be sent. Thisinformation must also be posted on the public body’s website, if it has one.

What if I don’t use the same name for a document that the public body uses? Can the pub-lic body deny my request for that reason? No, the public body cannot deny the request just because you called the document by a differentname. You do not need to describe the document specifically and accurately by the same name thepublic body uses. As long as the public body understands what you are requesting, they mustrelease that information, even if you do not call it by the same name the public body uses.



How many days does the public body have to respond to my FOIA request? A public body must respond to a FOIA request within 5 business days after the public body receivesthe request. Day 1 of the 5-day timeline is the first business day after the request is received by thepublic body. The date that the request was received by the public body does not count as “Day 1.”That time period may be extended for an additional 5 business days from the original due date if:• The requested information is stored at a different location;• The request requires the collection of a substantial number of documents;• The request requires an extensive search;• The requested records have not been located and require additional effort to find; • The requested records need to be reviewed by staff who can determine whether they are

exempt from FOIA;• The requested records cannot be produced without unduly burdening the public body or

interfering with its operations; or• The request requires the public body to consult with another public body that has substan-

tial interest in the subject matter of the request.

If additional time is needed, the public body must notify the requester in writing within 5 businessdays after the receipt of the request of the statutory reasons for the extension and when the request-ed information will be produced.

When does the 5 business day time period start?On the first business day after the public body receives the request.

What is a “business day” or “working day”?A “business day” or “working day” is a regular day of the week (Monday through Friday) when pub-lic offices and most businesses are open. Saturdays, Sundays and state holidays are not business daysand cannot be counted in the 5 business day time period.

What is the incentive for a public body to respond to my request within 5 business days (or10 business days if extended)?Aside from the potential that a court ultimately could impose a civil penalty of between $2,500 and$5,000 per violation, public bodies have an additional incentive to respond within the time limits setforth. In the event a public body fails to respond within 5 business days, it cannot charge for repro-duction costs at a later time or treat the request as unduly burdensome.

Can I enter into an agreement with the public body to extend the deadline to respond? Yes, but the agreement must be in writing. The agreement will also relieve the public body of hav-ing to comply with other legal deadlines in FOIA.

Can the public body ask me why I want the information?No, except to determine if the request is for commercial reasons and if the requester seeks a feewaiver. See below for more details on commercial requests and fee waivers.



FEES

Can the public body charge for copies?Yes, but the fees are limited. For black and white, letter or legal sized copies (8 ½ x 11 or 8 ½ x 14),the first 50 pages are free, and any additional pages can cost no more than 15 cents a page. Forcolor copies or abnormal sized copies, the public body can charge the actual cost of copying.

Can a public body charge for electronic copies?Yes, but only the actual cost of the recording medium. For example, if information is produced onCDs, the public body may only charge the actual cost of purchasing the CDs.

Is it possible for a public body to waive the copying fees?Yes. Public bodies may waive or reduce copying fees if disclosure is in the public interest. A waiver or reduction may be available if:• The request is for information on the health, safety and welfare or the legal rights of

the general public; • There is an intent to disseminate the information; or• No personal or commercial benefit will be received from document disclosure.

GETTING INFORMATION IN AN ELECTRONIC FORMAT

Can I request the documents in electronic form? Yes, and the public body must provide you with those electronic documents in your requested for-mat, if that is feasible for the public body. If that format is not available to the public body, theymust provide the documents in the electronic format in which they are kept or on paper, at theoption of the requester.

If the public body has a database and the information I am seeking requires that the publicbody do a search of that database, does the public body have to conduct that search?Yes, and the public body cannot charge you for that search.

Are emails subject to FOIA?Yes. All electronic communications (as long as they do not fall within an exemption) are subject toFOIA.



FOIA OFFICERS

What is a “FOIA officer”?A FOIA officer is a person appointed by the public body to ensure that the public body complieswith FOIA. The FOIA officer’s responsibility is to receive FOIA requests from the public and tosend responses in compliance with FOIA. FOIA requires that each public body appoint at least oneFOIA officer and that the FOIA officer(s) complete an electronic training developed by theAttorney General’s PAC. The training must be completed annually.

Is every public body required to have a designated FOIA officer?Yes. Every public body must prominently display at its office certain information, including thename(s) of its FOIA officer(s). In addition, the office must display:• Information regarding how to submit a FOIA request; and• A brief description of the office, including its purpose, budget and number of employees.

Any public body that has a website must also post this information on its website.

If the public body does not display the FOIA officer’s information, what should I do?Contact the Attorney General’s PAC at 1-877-299-FOIA. The public body must post the name(s) ofthe FOIA officer(s), along with information concerning how to make a FOIA request, at the officeof the public body as well as on any websites maintained by the public body.

WHAT TO DO IF THE PUBLIC BODY DOES NOT RESPOND

What can I do if the public body doesn’t respond to my FOIA request?If the public body does not respond to your request within 5 business days after receiving it, thentheir inaction is considered a denial of your request. If that occurs, you can either file a Request forReview with the Attorney General’s PAC or file a case in court.

WHAT TO DO IF YOUR FOIA REQUEST IS DENIED

What must the public body include in a denial?The denial must be in writing and must reference a specific legal reason under FOIA to justify thenon-disclosure. A public body has the burden of proving by clear and convincing evidence that theinformation is exempt from disclosure. The denial must also inform the requester of the right toseek review of the issue by the PAC in the Attorney General’s Office, with the PAC’s contact infor-mation, as well as the right to seek judicial review by filing a court case.

What can I do if the public body denies my request for information? You can either file a Request for Review with the Attorney General’s PAC or file a lawsuit in court.



HOW TO FILE A REQUEST FOR REVIEW WITH THE PAC

First, what is a Request for Review?A Request for Review is a letter that a requester may submit to the PAC if the requester believes that thepublic body has not followed FOIA. This letter is a formal way of asking the PAC to take a look at therequest and the public body’s response (or lack thereof) and determine if a FOIA violation has occurred.The request must be in writing, must be signed by the requester, and must include (1) a copy of theFOIA request and (2) any responses, including denial letters, from the public body. It must be submittedwithin 60 calendar days of the public body’s final response (or the date upon which the response wasdue).

Is there a deadline for submitting a Request for Review?Yes. The requester must submit a Request for Review to the PAC within 60 calendar days after the dateof the final denial from the public body (or the date upon which the response was due).

How do I contact the PAC in the Attorney General’s Office?The PAC is a part of the Public Access Bureau in the Attorney General’s Office. She may be contacted as follows:

Sarah PrattPublic Access CounselorOffice of the Attorney General500 S. 2nd StreetSpringfield, Illinois 62706Email: [email protected] FOIA Hotline: 1-877-299-FOIA (1-877-299-3642)

What does the PAC do with my Request for Review?The PAC will review your request and do one of three things:1. Decide that no further action is necessary. If the PAC decides that the alleged violation is

unfounded and no further action is necessary, the PAC will inform you and the public body of that decision.

2. Request more information from the public body. If more information is needed to review the issue, the PAC may, within 7 business days after receiving the Request for Review, send a copy of the request to the public body and ask for any records the PAC needs to complete the review. The public body has 7 business days to provide the requested information. The Attorney General, through the PAC, has the authority to issue a subpoena if the public body fails to fully respond.

3. The PAC may also try to resolve your FOIA dispute with the public body through mediation or other informal efforts.



When will the PAC issue a final decision?If the PAC decides to issue a binding opinion, the PAC will issue that opinion within 60 calendardays after receiving the Request for Review from the requester. The PAC may extend the 60-daytime period by 30 business days by sending a written notice to the requester and the public body.This written notice must include the reasons for the extension.

What are the different possible outcomes of a Request for Review by the PAC?There are multiple ways the PAC may respond to a Request for Review:• Work to resolve your FOIA dispute with the public body. 5 ILCS 140/9.5(f). The PAC may

choose to mediate the dispute or resolve the matter by means other than the issuance of a binding opinion. The PAC may issue a non-binding determination letter. The PAC’s decision to decline to issue a binding opinion is not reviewable.

• Review the issues in your FOIA dispute and determine that no further action is necessary.5 ILCS 140/9.5(c)). If the PAC decides that the alleged violations of FOIA are unfounded, the PAC will advise the requester and the public body of that decision. The PAC will not conduct any further review.

• Issue a binding opinion to resolve the FOIA dispute. 5 ILCS 140/9.5(f). The PAC will review any information needed to analyze the FOIA dispute that you have with the public body and any additional information that you or the public body choose to provide. If the PAC decides to issue a binding opinion, the PAC must issue that opinion within 60 calendar days after receiving the Request for Review, unless the PAC extends the time by no more than 30 business days. If the opinion orders the public body to produce records, the public body may appeal the opinion to the circuit court. If the public body does not appeal the opinion and fails to disclose the records as ordered by the opinion, the Attorney General’s Office may sue the public body to enforce the opinion. If the opinion concludes that the records fall within a FOIA exemption and need not be disclosed, the requester may appeal the opinion to the circuit court.

Can the PAC issue advisory opinions to public bodies?Yes. The PAC may assist any public body by issuing an advisory opinion to provide guidance on howto comply with FOIA. 5 ILCS 140/9.5(h). The public body may request an advisory opinion toobtain guidance on FOIA compliance. The request must contain sufficient accurate facts fromwhich a determination can be made. The PAC may request additional information from the publicbody to facilitate the review. A public body that relies in good faith on an advisory opinion of thePAC is not liable for penalties in a subsequent lawsuit, so long as the facts upon which the opinion isbased have been fully disclosed to the PAC.

Do I have to file a Request for Review with the PAC before I file a FOIA lawsuit in court? No. You can file a FOIA lawsuit in court after you receive a denial from the public body, or after thePAC concludes a review of the matter. If the PAC decides to issue a binding opinion and you dis-agree with the opinion of the PAC, you can appeal the PAC’s decision to the circuit court. Youshould be aware that if you ask the PAC to review a matter and then decide, before the PAC com-pletes the review, to go ahead and file a lawsuit without waiting for the PAC’s decision, the PAC willimmediately stop working on your Request for Review to allow your lawsuit to move forward.



What’s the difference between my two appeal options: filing a Request for Review with thePAC or filing a suit in court?If the PAC issues a binding opinion deciding your case, then that opinion carries significant weight.If the losing party decides to appeal it to court, the court must give deference to the PAC’s opinionand can only overturn it if it is clearly erroneous. If you decide not to seek assistance from the PACand instead go straight to court, the public body has the burden to show that its denial was correctthrough clear and convincing evidence.

EXEMPTIONS – RECORDS THAT ARE NOT PUBLIC

What is considered a “public record”?“Public records” are defined in FOIA as “all records, reports, forms, writings, letters, memoranda,books, papers, maps, photographs, microfilms, cards, tapes, recordings, electronic data processingrecords, electronic communications, recorded information and all other documentary materials per-taining to the transaction of public business, regardless of physical form or characteristics, havingbeen prepared by or for, or having been or being used by, received by, in the possession of, or underthe control of any public body.” (5 ILCS 140/2(c)) Given this broad definition, FOIA is intendedto cover any document, regardless of form, that pertains to government business.

Does “public record” include electronic information?Yes. FOIA defines public records to include electronic documents and communications. When aperson requests a record that is maintained in an electronic format, the public body must provide itin the electronic format specified by the request, if that is feasible for the public body. If it is notfeasible, the public body must present the information in the format in which it is maintained bythe public body or in a paper format at the option of the requester. The public body may charge afee for the actual cost of purchasing the recording medium, such as a CD, but may not charge a feefor its search for or review of the information.

What kind of information can a public body decline to provide to me in response to a FOIArequest?The FOIA law has a presumption that all information is public, unless the public body proves otherwise. But there are several exceptions to public disclosure that include but are not limited to:• Private information, which is exempt from disclosure under FOIA. FOIA defines “private

information” as “unique identifiers, including a person’s social security number, driver’s license number, employee identification number, biometric identifiers, personal financial information, passwords or other access codes, medical records, home or personal telephone numbers, and personal e-mail addresses.” Under FOIA, “private information also includes home addresses and personal license plate numbers, except as otherwise provided by law or when compiled without possibility of attribution to any person.”

• Personal information that, if disclosed, would constitute a clearly unwarranted invasion of personal privacy, unless the disclosure is consented to in writing by the person who is the subject of the information. Under FOIA, the “unwarranted invasion of personal privacy” means the “disclosure of information that is highly personal or objectionable to a reasonable person and in which the subject’s right to privacy outweighs any legitimate public interest in



obtaining the information.” Disclosing information that relates to the public duties of public employees is not considered an invasion of personal privacy.

• Law enforcement records that, if disclosed, would interfere with a pending or reasonably contemplated proceeding or that would disclose the identity of a confidential source.

• Information that, if disclosed, might endanger anyone’s life or physical safety. • Preliminary drafts or notes in which opinions are expressed or policies are formulated, unless

the record is publicly cited and identified by the head of the public body. • Business trade secrets or commercial or financial information that is proprietary, privileged or

confidential and that, if disclosed, would cause competitive harm to the person or business. • Proposals and bids for any contract, until a final selection is made. • Requests that are “unduly burdensome.” (See next question.)

What does “unduly burdensome” mean?An exemption exists for requests that are unduly burdensome. A request may be considered undulyburdensome if there is no way to narrow the request, and the burden on the public body to producethe information outweighs the public interest in the information. However, before relying on thisexemption, the public body must first give the requester an opportunity to reduce the request to amanageable size. If it is still unduly burdensome, the public body must explain in writing the reasons why the request is unduly burdensome and the extent to which compliance will burden the operations of the public body. Such a response is considered a denial.

What is a “clearly unwarranted invasion of personal privacy”?FOIA contains an exemption for records that, if disclosed, would result in a “clearly unwarrantedinvasion of personal privacy.” An “unwarranted invasion of personal privacy” means the “disclosureof information that is highly personal or objectionable to a reasonable person and in which the sub-ject’s right to privacy outweighs any legitimate public interest in obtaining the information.” UnderFOIA, disclosing information that relates to the public duties of public employees is not consideredan invasion of personal privacy.

COMMERCIAL REQUESTS

What is a request for information made for a commercial purpose?A commercial request is when the requester seeks to use part or all of the public records for sale,resale, or solicitation or advertisement for sales or services. Requests by the news media, not-for-profit organizations, scientific or academic institutions are not considered commercial informationrequests.

Are commercial information requests treated differently?Yes. A public body has 21 business days to respond to a request for information that is made for acommercial purpose. The public body can either: (1) provide the requested records; (2) advisewhen the records will be provided and the costs; (3) deny the request (if it falls under an excep-tion); or (4) advise the requester that the request is unduly burdensome.



Can the public body charge fees for copies of the information? Yes, but the fees are limited. For traditional black and white, letter or legal sized copies (8 ½ x 11or 8 ½ x 14), the first 50 pages are free, and any additional pages can cost no more than 15 cents apage. For color copies or abnormal sized copies, the public body can charge the actual cost of copying.

Can the public body charge for responding to a commercial request?Yes. In 2011, the legislature amended FOIA to allow public bodies to charge up to $10 for eachhour spent by personnel in searching for and retrieving a requested record for a commercial request,except that public bodies cannot charge for the first 8 hours. A public body may also charge theactual cost of retrieving and transporting public records from an off-site storage facility maintainedby a third-party storage company under contract with the public body. If a public body imposessuch fees, it must provide the requester with an accounting of all fees, costs, and personnel hourscharged.

REDACTIONS

Can a public body remove or black out information from produced documents? Yes, if a record contains information that is exempt from disclosure under FOIA, a public body canremove or black out that exempt information from the public records. This is called “redaction.”The public body must, however, produce the remaining information.

OTHER FOIA QUESTIONS

Does a request for a copy of an ordinance require a FOIA request?No. Ordinances are public documents that should be immediately available to the public without aFOIA request.

Can a public body allow you to inspect but not copy public documents? No. They must allow you to inspect and obtain copies of public documents.

Can a public body ask the Attorney General’s PAC for advice regarding compliance withFOIA?Yes, a public body can ask the Attorney General’s PAC for guidance on how to comply with FOIA.For example, if a public body expects to receive FOIA requests for a certain record or category ofrecords that it maintains and is not certain if those records must be disclosed under FOIA, the pub-lic body may contact the Public Access Bureau through the FOIA hotline (1-877-299-3642) or by email ([email protected]) for assistance. A public body may also ask the PAC for an advi-sory opinion regarding whether the record(s) must be disclosed under FOIA or fall under a FOIAexemption. The Attorney General’s PAC is not required by law to issue an advisory opinion inresponse to a request.



To ask for an advisory opinion from the Attorney General’s PAC, the head of the public body or itsattorney must send a written request to the PAC. The request must contain sufficient accurate factsfor the PAC to make a determination. The PAC may request additional information from the publicbody to assist in the review of the issue.

What happens if the public body relies on an advisory opinion from the PAC in respondingto a FOIA request but still ends up being sued by a requester?A public body that relies in good faith on an advisory opinion of the Attorney General’s PAC inresponding to a request is not liable for penalties under FOIA, as long as the public body fully andfairly disclosed to the PAC the facts upon which the opinion was based.



Attorney General Madigan has helped pass legislation that reformed and strengthened the OpenMeetings Act to ensure that all Illinoisans have access to their government.

The law’s groundbreaking provisions worked to codify the Public Access Counselor position withinthe Attorney General’s Office—which Madigan created in 2004 to help members of the public, themedia and government bodies resolve disputes under the sunshine laws and ensure access to gov-ernment information—and explicitly authorize the PAC to review and determine whether a govern-ment body has violated OMA. The law gives the PAC authority to subpoena needed information,issue advisory opinions to guide government bodies, issue binding opinions to resolve disputes, andsue to enforce the binding opinions.

By creating a PAC with binding opinion authority to fight for an open and accountable government,this law has put Illinois at the forefront nationally and has given taxpayers a greater ability to knowwhat their government is doing.

The law also requires public bodies to appoint OMA designees who are required to successfullycomplete annual OMA training prepared by the PAC. In addition, effective January 1, 2012, allelected or appointed members of a public body subject to OMA must complete the electronic train-ing developed by the Attorney General’s PAC once during their terms of election or appointment.


The Open Meetings Act

The Open Meetings Act is designed to ensure that Illinois residents have access to their govern-ment. Attorney General Lisa Madigan has worked with legislators and a diverse group of individu-als and organizations to strengthen the transparency laws in Illinois and hold government moreaccountable.

WHO’S WHO UNDER OMA

Public Access Counselor (PAC) – An attorney in the Attorney General’s Office who works toensure compliance with OMA and FOIA. The PAC is a part of the Public Access Bureau in theAttorney General’s Office, which includes attorneys and professional support staff members work-ing to respond to OMA and FOIA issues raised by the public and government officials. Workingunder the direction of the Attorney General, the PAC has the authority to determine whether apublic body has violated OMA. The PAC also has the authority to review requests for documentsunder FOIA and determine whether those documents should have been disclosed. As part of thispublic access work, the Attorney General has subpoena power, may issue advisory opinions to guidepublic bodies, may issue binding opinions in OMA and FOIA disputes and may sue to enforcebinding opinions.

Public Body – OMA defines “public body” to include “all legislative, executive, administrative oradvisory bodies of the State, counties, townships, cities, villages, incorporated towns, school districtsand all other municipal corporations, boards, bureaus, committees or commissions of this State, andany subsidiary bodies of any of the foregoing including but not limited to committees and subcom-mittees which are supported in whole or in part by tax revenue, or which expend tax revenue,except the General Assembly and committees or commissions thereof.”

Under OMA, “public body” also includes tourism boards and convention or civic center boardslocated in counties that are contiguous to the Mississippi River with populations of more than250,000 but less than 300,000. OMA specifically provides that “public body” does not include achild death review team, the Illinois Child Death Review Teams Executive Council establishedunder the Child Death Review Team Act, or an ethics commission acting under the State Officialsand Employees Ethics Act.

Meeting – OMA defines “meeting” to include “any gathering, whether in person or by video oraudio conference, telephone call, electronic means (such as, without limitation, electronic mail,electronic chat, and instant messaging), or other means of contemporaneous interactive communica-tion, of a majority of a quorum of the members of a public body held for the purpose of discussingpublic business or, for a 5-member public body, a quorum of the members of a public body held forthe purpose of discussing public business. Accordingly, for a 5-member public body, 3 members ofthe body constitute a quorum and the affirmative vote of 3 members is necessary to adopt anymotion, resolution, or ordinance, unless a greater number is otherwise required.”


OMA Frequently AskedQuestions

GENERAL INFORMATION

What is OMA?The Open Meetings Act (OMA) is a state law that requires that meetings of public bodies be opento the public except in certain specific, limited situations (discussed in more detail below) wherethe law authorizes the public body to close a meeting. OMA also provides that the public must begiven advance notice of the time, place and subject matter of meetings of public bodies.

What is the difference between FOIA and OMA?FOIA applies when a member of the public is seeking access to public records. OMA is intendedto ensure that the actions of public bodies are conducted in the open, through public meetings, andthat the public is able to observe the deliberations behind those actions.

What type of “public body” is covered by OMA? The “public bodies” covered by OMA include all legislative, executive, administrative or advisorybodies of:• the State• counties• townships, cities, villages, or incorporated towns• school districts• municipal corporations

“Public bodies” also include all committees, subcommittees and subsidiary bodies of public bodies.Examples of “public bodies” include everything from park district boards to city councils to civiccommissions. “Public bodies” include, but are not limited to, any entity that is supported in wholeor in part by tax revenue or which expends tax revenue.

PUBLIC MEETING

What is a “meeting”? How many members of the public body have to be present beforeOMA requirements apply? A “meeting” under OMA is a gathering of a majority of a quorum of the members of a public bodyfor the purpose of discussing public business. For example, for a 7-member board with a quorum of4, a majority of the quorum would be 3. Under OMA, 5-member bodies have a 3-member quorumand require the affirmative vote of 3 members to adopt any motion, resolution or ordinance, unlessa greater number is otherwise required.


OMA Frequently Asked Questions continued

PUBLIC NOTICE OF A MEETING

What is public notice?Giving public notice of a meeting means that the public body must provide the date, time and location of a meeting.

When and how does a notice of a regular meeting have to be provided by a public body?At the beginning of each calendar or fiscal year, every public body must create and make availableto the public the schedule for regular meetings that year, including the dates, times, and location ofthe meetings. Notice shall be given by posting a copy of the notice at the principal office of thebody holding the meeting or, if no such office exists, at the building in which the meeting is to beheld. If the public body has a website maintained by its own full-time staff, then notice of all meet-ings must also be posted on that website.

If the public body changes this schedule, it must give 10 calendar days notice of the change bypublicizing the change in the newspaper and by posting information concerning the schedulechange at the principal office of the public body.

The public body must post an agenda (see below) for the particular meeting at the principal officeof the public body, at the location of the meeting, and on the public body’s website (if it has a website maintained by its own full-time staff) at least 48 hours in advance of the meeting.Effective January 1, 2013, if a notice or agenda is not continuously available for the full 48-hourperiod due to actions outside of the control of the public body, then the lack of availability does notinvalidate any meeting or action taken at a meeting.

MEETING AGENDA

What is an agenda?An agenda is a list of the items to be acted upon or discussed during a meeting.

Can the agenda be changed?A public body cannot change the agenda less than 48 hours before the meeting.

Can the public body take action on items not on the agenda of regular meetings?No. While the public body can discuss items that are not on the agenda of a regular meeting, thepublic body cannot take action or make any decision with regard to items or topics not on the agen-da of a regular meeting. It is important to note that at a special or emergency meeting, unlike a reg-ular meeting, a public body cannot even discuss items that did not appear on the agenda for thespecial or emergency meeting.

Is a public body required to allow a member of the public to speak at an open meeting? Yes. OMA requires that public bodies give members of the public an opportunity to address publicofficials at public meetings. The procedure for public comment is governed by rules establishedand recorded by the public body.



TIME AND LOCATION OF A MEETING

When and where must an open public meeting be held?A public body must hold a meeting at a specific time and place that is convenient and open to thepublic. A public body cannot hold a meeting on a public holiday, unless the regularly scheduledmeeting falls on that holiday.

RECORDING OF A MEETING

May a member of the public record an open meeting?Yes. Any member of the public can record the meeting by tape, film, or other means, subject tosome reasonable restrictions.

Is the public body required to take minutes of its open meetings?Yes. The minutes must include:• the date, time and place of the meeting;• a list of the members present and absent from the meeting, and whether they attended in

person, by phone, or by video; • a summary of the discussion of all matters proposed, deliberated, or decided; and • a record of any votes taken.

It is important to note that subsidiary bodies of public bodies (such as committees and subcommit-tees) are also required to take minutes of meetings.

A public body must make minutes of the meeting available for public inspection and post them onthe public body’s website (if it has one) within 7 calendar days after the minutes are approved bythe public body. Typically, the minutes are approved at the next board meeting.

CLOSED MEETINGS – NOT OPEN TO THE PUBLIC

When can a meeting be “closed”? Can a public body ever meet in private?Section 2(c) of the Open Meetings Act provides that a public body can close a meeting to the pub-lic only when the following topics are to be considered:• the appointment, employment, compensation, discipline, performance, or dismissal of a

specific employee or legal counsel for the public body;• collective negotiating matters or deliberations concerning salary schedules for one or more

classes of employees;• discipline or removal of an occupant of a public office or appointment of an individual to fill

a vacant public office;• evidence or testimony received in a hearing, provided that the body is a quasi-adjudicative

body and prepares and makes available for public inspection a written decision setting forth its determinative reasoning;

• the purchase or lease of real property by the public body;



• the setting of a price for sale or lease of property owned by the public body;• the sale or purchase of securities, investments, or investment contracts;• security procedures;• student disciplinary cases;• the placement of individual students in special education programs and other matters

relating to individual students; • pending or probable litigation against, affecting or on behalf of the public body;• the establishment of reserves or settlement of claims as provided in the Local Governmental

and Governmental Employees Tort Immunity Act;• conciliation of complaints of discrimination in the sale or rental of housing;• ongoing, prior or future criminal investigations, when discussed by public bodies with

criminal investigatory responsibilities;• professional ethics or performance when discussed by an advisory body to a licensing or

regulatory agency;• discussions regarding self-evaluation, practices and procedures or professional ethics with

representatives of statewide associations;• the recruitment, credentialing, discipline or formal peer review of physicians or other health

care professionals for a hospital or other health care center;• deliberations for decisions of the Prisoner Review Board;• review or discussion of applications received under the Experimental Organ Transplantation

Procedures Act;• classification and discussion of confidential matters of the State Government Suggestion

Award Board;• discussion of the minutes of a meeting that was lawfully closed under OMA;• deliberations of the State Emergency Medical Services Disciplinary Review Board;• the operation by a municipality of a municipal utility or power agency or natural gas agency

regarding contracts relating to the purchase, sale or delivery of electricity or natural gas, or the results or conclusions of lead forecast studies;

• meetings of a residential health care facility resident sexual assault and death review team; • an independent team of experts meeting under Brian’s Law;• a mortality review team appointed under the Department of Juvenile Justice Mortality

Review Team Act;• discussion of certain confidential information by an elder abuse fatality review team;• correspondence and records that may not be disclosed pertaining to the Public Aid Code; • meetings between internal or external audit committees, finance committees and their

equivalents when the discussion involves internal control weaknesses, identification of potential fraud risk areas, known or suspected frauds, and fraud interviews conducted in accordance with generally accepted U.S. auditing standards; and

• meetings and deliberations for decisions of the Concealed Carry Licensing Review Board under the Firearm Concealed Carry Act.



A public body can close a meeting to the public only if its members are discussing a topic that islisted in Section 2(c) of the Open Meetings Act.

How can a public body “close” a public meeting?If a public body wants to hold a closed meeting or wants to close a portion of an open meeting, thepublic body must vote to close the meeting by a majority vote of a quorum present in an openmeeting. The public body must also cite the specific exemption in OMA that applies and allowsthe closure of the meeting.

Who can attend a “closed” meeting?Only the members of the public body and others who are directly involved in the matter which isthe basis for the closed meeting may attend the meeting. For example, witnesses giving testimonyregarding a complaint against an employee may attend a meeting that is closed for purposes of dis-cussing discipline of an employee.

Can a public body take binding action in a closed session?No. A public body may not take any final action in a closed meeting.

How must a public body record a closed meeting?A public body must make a verbatim record, audio or video, of any closed meeting and take min-utes of the meeting. Semi-annually, the public body must meet to review the minutes of anyclosed meetings that occurred and determine whether the minutes of those closed meetings needto remain confidential. If they determine that it is no longer necessary to have the minutes remainconfidential, they must make the minutes available to the public.

ATTENDING A MEETING BY PHONE OR VIDEO CONFERENCE

Can a member of a public body attend a meeting by telephone or video conference and notin person? A member of a public body may attend a meeting by telephone or video conference only in accor-dance with and to the extent allowed by the rules of the public body. 5 ILCS 120/7(c). If a quorumof the members of the public body is physically present, then a majority of the public body mayallow a member to attend by video or telephone conference if the member is prevented from physi-cally attending because of: (1) personal illness or disability; (2) employment purposes or the busi-ness of the public body; or (3) a family or other emergency. If a member wants to attend the meet-ing by video or telephone conference, he or she must notify the recording secretary or clerk of thepublic body before the meeting, unless advance notice is impractical.

IF YOU BELIEVE THAT A PUBLIC BODY HAS VIOLATED THE OPEN MEET-INGS ACT, YOU CAN TAKE ACTION. HERE IS WHAT YOU NEED TO KNOW.

What can I do if I think a public body has violated OMA?Within 60 calendar days from when the alleged violation occurred, you can file a Request forReview with the PAC at the Office of the Attorney General, or you can bring a civil action in circuitcourt against the public body.



What is a Request for Review? A Request for Review is a letter sent to the PAC that lays out the basis for an alleged violation ofOMA. The request must be made in writing, must be signed by the requester and must include asummary of the facts supporting the allegation.

Is there a deadline for submitting a Request for Review?Yes. A person seeking review of an issue by the PAC must send the Request for Review to the PACwithin 60 calendar days after the date of the alleged OMA violation.

What happens when I submit a Request for Review with the PAC? When the PAC receives a written Request for Review from a member of the public, the PAC hasseven working days to determine whether further action is warranted. 5 ILCS120.3.5(b).If the PAC reviews the Request for Review and determines that further action is warranted, shemust forward a copy of the Request for Review to the public body within 7 business days of receiv-ing the request. At that time, the PAC can specify records or other documents that the public bodymust furnish to facilitate the PAC’s review. The public body must provide the requested recordswithin 7 business days of receiving the request from the PAC.

Within 7 business days of receiving the request from the PAC, the public body may also, but is notrequired to, provide an answer to the allegations in the Request for Review. The answer may takethe form of a letter, brief or memorandum.

The PAC must forward a copy of the public body’s answer (with any confidential informationredacted) to the member of the public who requested the review of the alleged OMA violation.The requester then may, but is not required to, respond in writing to the public body’s answer. Ifthe requester decides to respond, he or she must do so within 7 working days of receiving the pub-lic body’s answer. The requester must send a copy of his or her response to the public body.

Once she has all of the necessary information to analyze the OMA issue and determine whether thepublic body violated the law, the PAC may:• Decide that no further review is necessary and that the allegations are unfounded.• Mediate and work to resolve the dispute. The PAC can decide to work informally to try to

mediate the dispute between the member of the public and the public body.• Issue an opinion resolving the matter. If the PAC decides to issue a binding opinion, she

must issue the opinion within 60 days after receiving all the documents necessary to make a determination of the issues raised in the Request for Review. Under OMA, the PAC may extend this time by up to 21 business days by sending written notice to the requester and the public body and including an explanation of the reasons for the need for an extension of time.



What kind of information can the PAC request as she reviews the Request for Review?The PAC can request any information necessary to decide whether an OMA violation has occurred.Under OMA, the PAC has the same authority as a court to request and review any audio or videotapes of a closed meeting.

Do I have to file a Request for Review with the PAC before I can file suit in court? No.

Can I bring my own OMA action in court?Yes.

What are the penalties that a public body may incur if it violates OMA?Criminal Penalties: Under the law, a state’s attorney may bring a criminal action for a violation ofOMA. A violation of OMA is a Class C misdemeanor, which is punishable by up to 30 days in jailand a fine of up to $1,000.

Civil Penalties: In a civil lawsuit for a violation of OMA, a court may take a number of actions,including: (1) ordering a public body to conduct an open meeting; (2) granting an injunction againstfuture violations by the public body; (3) ordering the public body to make available to the publicthe minutes of a closed meeting; (4) declaring null and void any final action taken at a closed meet-ing in violation of OMA; or (5) awarding any other relief that the court deems appropriate. Thecourt also may require the public body to pay the attorney’s fees and costs of the person who filedthe civil lawsuit alleging the OMA violation.

How do I contact the PAC?The PAC is a part of the Public Access Bureau in the Attorney General’s Office. She may be con-tacted as follows:

Sarah PrattPublic Access CounselorOffice of the Attorney General500 S. 2nd StreetSpringfield, Illinois 62706Email: [email protected] Hotline: 1-877-299-FOIA (1-877-299-3642)



If a member of the public believes that a public body has improperly denied his or her FOIArequest, or that a public body has violated OMA in the way that it conducted, or failed to conduct, apublic meeting, then the member of the public may submit a Request for Review to the PAC.

In the case of FOIA, the Request for Review is a formal way of asking the PAC to take a look at theoriginal FOIA request, as well as the public body’s response, and determine if a FOIA violation hasoccurred. In the case of OMA, the Request for Review is a formal way of asking the PAC to deter-mine if the actions of the public body in connection with a public meeting violated OMA. 5 ILCS140/9.5(a); 5 ILCS 120/3.5(a).

The OMA Request for Review must be made in writing, be signed by the requester, and include asummary of the facts supporting the allegation. In a FOIA Request for Review, the member of thepublic must also include a copy of the original FOIA request and any responses from the publicbody. 5 ILCS 140/9.5(a), (b); 5 ILCS 120.3.5(a).

A Request for Review must be submitted to the PAC within 60 calendar days after the denial of theFOIA request or the conduct that is alleged to have violated OMA. 5 ILCS 140/9.5(a); 5 ILCS120/3.5(a).

A Request for Review may be submitted to the PAC by either electronic mail or U.S. Mail. To submit a Request for Review by U.S. Mail, please address it to:

Sarah PrattPublic Access CounselorOffice of the Attorney General500 S. 2nd StreetSpringfield, Illinois 62706

To submit a Request for Review by electronic mail, please email the request to Sarah Pratt, PublicAccess Counselor, at: [email protected].

The Request for Review does not need to follow any particular format. If you would like to use asample request form, however, please visit our website at www.IllinoisAttorneyGeneral.gov.

How to Submit aRequest for Review


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